Terms of Service

Acceptance of Terms: By accessing, browsing, or using Maxfac.in (the "Website" or "Portal"), you signify that you have read, understood, and agree to be bound by these Terms of Service.

Enforceability: These Terms represent a legally binding electronic agreement between you and Maxfac.in, governed by the Information Technology Act 2000 of India and international electronic commerce standards.

Modifications to Terms: We reserve the right, at our sole discretion, to modify, update, or replace any portion of these Terms at any time. Your continued use of the Portal signifies acceptance of updated terms.

Portal Description: Maxfac.in provides patient booking portals, clinic location locators, educational maxillofacial resources, and an AI-driven intent analyzer (iHANS).

Separability of Agreements: These Terms of Service apply to website usage, but do not replace or override separate clinical consent agreements signed physically prior to surgical procedures.

Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated, and the remaining provisions will remain in full force and effect.

Definitions - Patient: "Patient" refers to any individual seeking consultation, diagnostic reviews, or scheduling surgical appointments.

Definitions - User: "User", "you", or "your" refers to any visitor browsing the website contents, submitting forms, or checking symptoms.

Compliance with Local Laws: Users are responsible for complying with local regulations regarding internet usage, healthcare queries, and electronic communications in their jurisdiction.

Right to Refuse Service: We reserve the right to refuse service, terminate access, or restrict bookings to any user for violations of these Terms.

Age Requirement: You must be at least 18 years of age to book appointments or utilize clinical communication tools on the Portal.

Guardian Representation: Minors requiring maxillofacial or cleft consultations must have bookings submitted by a parent, legal guardian, or authorized representative.

Accuracy of Information: You represent that all information submitted during booking (name, contact details, age, symptoms history) is accurate and truthful.

Impersonation Prohibited: Users are strictly prohibited from booking appointments using fake names, falsified phone numbers, or impersonating other patients.

OTP Verification: Access to confirm booking transactions requires OTP validation; you agree to receive automated messages to complete verification.

Staff Credentials: Administrative credentials (Google Whitelist accounts) are strictly personal and must not be shared with unauthorized parties.

Security of Access: Staff members are responsible for maintaining the security of their Google accounts used to access the admin console.

Immediate Reporting: You agree to notify us immediately of any unauthorized access, security breach, or compromise of booking details.

Audit Logging Consent: Users consent to the tracking and logging of session activity, UTMs, and IP locations in accordance with the Privacy Policy.

Access Suspension: We reserve the right to suspend accounts or IP ranges showing patterns of spam or automated form submission.

Maxfac Cancellation Rights: Maxfac reserves the absolute, unilateral right to cancel, modify, or reschedule any scheduled booking or clinical consultation slot at any time, with or without prior notice, due to clinical emergencies, surgeon unavailability, or operational constraints.

Cancellation Even After Payment: An appointment slot may be canceled or rescheduled by Maxfac even if the consultation fee has already been fully paid and a confirmation reference ID has been generated.

72-Hour Refund Commitment: In the event that a paid booking is canceled by Maxfac, the full amount paid will be refunded to the patient within seventy-two (72) business hours.

Refund Methods: Refunds under Point 023 will be processed via the original online payment gateway, bank cheque, or cash, at the clinical administrator's discretion.

Missed Appointments (No-Shows): If a patient fails to show up at the clinic during their confirmed appointment window, the appointment is classified as a "Missed Appointment."

No Refund for Missed Appointments: Paid consultation fees for Missed Appointments are strictly non-refundable and will not be credited toward future bookings.

Implicit Acceptance: By proceeding to book and pay for a consultation slot, the patient explicitly accepts the non-refundable missed appointment policy as a material condition of booking.

Patient Cancellation Notice: Patients wishing to reschedule or cancel a booking must submit a request through the portal at least 24 hours prior to the scheduled time.

Rescheduling Limits: An appointment may be rescheduled a maximum of two (2) times, subject to availability. Subsequent requests will require a new booking fee.

Urgency Upgrades: Setting the URGENT flag does not guarantee immediate clinical consultation, but prioritizes administrative review.

Consultation Fees: Standard consultation fees are displayed on the booking page and are subject to change.

Currency: All fees are processed in Indian Rupees (INR), unless otherwise specified for international patients.

Online Transaction Security: Online payments are processed through secure, third-party payment gateways utilizing PCI-DSS standards.

Payment Gateway Charges: Any additional gateway fees, transaction charges, or conversion rates are the responsibility of the user.

Booking Reference ID: A booking reference ID is generated only upon verification of payment confirmation by our billing systems.

Taxes: Fees are inclusive of applicable healthcare service taxes or GST where required by government regulations.

Disputed Transactions: Users must contact support at billing@maxfac.in regarding billing discrepancies before initiating chargebacks.

Unconfirmed Bookings: Transactions interrupted by network failures will be refunded by the processor in accordance with standard banking timelines.

Surgical Fees Excluded: Booking consultation fees cover clinical evaluations only; surgical procedures and hospital fees are billed separately.

Payment Verification: Maxfac reserves the right to request proof of identification to verify payment legitimacy before consultation.

No Automated Access: Scraping, harvesting, or accessing website contents via spiders, bots, or automated scripts is strictly prohibited.

SQL Injection Prohibited: Any attempt to inject malicious SQL queries or database commands into lookup fields will result in immediate IP banning.

No Spamming: Submitting spam or repeated booking requests via contact forms is prohibited.

Malware Distribution: Users must not upload or distribute files containing viruses, Trojans, worms, or malicious scripts.

Reverse Engineering: Reverse engineering, decompiling, or attempting to extract backend source code is prohibited.

Denial of Service (DoS): Attacking server ports, initiating high-frequency pings, or attempting to overload database performance is prohibited.

Security Bypass: Bypassing security firewalls, admin authentication filters, or IP filters will lead to legal action.

Phishing Elements: Using Maxfac logo elements, clinical texts, or branding to construct phishing copies is prohibited.

iHANS Chatbot Abuse: Submitting obscene language or inappropriate prompts to the iHANS virtual assistant is prohibited.

Prosecution: Violations of this Acceptable Use section will be prosecuted under Section 66 of the Information Technology Act.

Ownership of Content: All content, including text, designs, medical articles, logos, graphics, and clinical illustrations, is the intellectual property of Maxfac.in.

Copyright Restrictions: Material on this site is protected under the Copyright Act 1957 of India and international copyright treaties.

Limited Use License: Users are granted a limited, non-exclusive, non-transferable, revocable license to access and read portal articles for personal, non-commercial use.

Prohibition on Copying: Copying, reproducing, republishing, or mirroring clinical case studies or articles without written permission is prohibited.

Trademark Ownership: "MAXFAC" and "MAXFAC.IN" are trademarks owned by Dr. Saha's clinical organizations.

Copyright Infringement Claims: If you believe content on the site infringes your copyright, submit a takedown notice to legal@maxfac.in.

Medical Photography Copyrights: Clinical before/after images are protected by copyrights and patient privacy agreements. Do not download or distribute.

No License Grant: Use of this site does not grant any implied license under our intellectual property rights.

Academic Citations: Academic citations of public articles must attribute the source to Maxfac.in.

Damages for Infringement: Violations of intellectual property rights will result in legal action for damages and injunctive relief.

Feedback License: Submitting comments, suggestions, or feedback grants Maxfac a royalty-free, perpetual license to utilize those ideas.

Review Policy: Patient reviews submitted to the portal must reflect authentic, clinical experiences.

Defamation Prohibited: Posting false, malicious, or defamatory reviews regarding clinical branches is prohibited.

Right of Removal: We reserve the right to remove user-submitted content that violates community standards or patient privacy guidelines.

HIPAA Consent for Reviews: Patients publishing testimonials containing clinical details are advised that doing so constitutes a waiver of HIPAA privacy for those details.

No Clinical Liability for Reviews: Reviews posted by users represent their personal opinions and do not constitute clinical guidance by Maxfac.

Grievance Redressal for Content: Reports regarding inappropriate content or privacy violations in reviews should be sent to support@maxfac.in.

No Payment for Reviews: We do not offer financial compensation or incentives for patient reviews or testimonials.

Submitting Clinical Cases: Doctors submitting case details for review must de-identify patients in accordance with HIPAA standards.

Non-Confidential Submissions: Public comments or forum submissions are classified as non-confidential and non-proprietary.

"As-Is" Provision: The Portal is provided on an "as-is" and "as-available" basis, without warranties of any kind.

Uptime Disclaimers: We do not guarantee uninterrupted availability of the booking system, calendar APIs, or client trackers.

Data Loss Disclaimer: We are not liable for data loss or booking record corruption caused by hardware failure or network issues.

No Accuracy Warranty: While we strive for accuracy, we do not warrant that all descriptions of clinics or slots are free of typographical errors.

Browser Compatibility: We do not warrant that all visual features will display consistently on legacy browsers.

Internet Gateway Failures: We are not responsible for internet routing failures or payment gateway delays.

iHANS AI Limitations: iHANS is an informational assistant; we do not warrant the accuracy of its automated symptom analyses.

Third-Party Content Linkage: We do not warrant the safety or content of external websites linked on our resources pages.

No Malicious Content Warranty: While we implement security controls, we do not warrant that files downloaded from the site will be free of virus vectors.

Implied Warranties: We disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

Indemnification Obligation: You agree to indemnify and hold harmless Maxfac, Dr. Saha, and clinical staff from claims arising from your use of the website or violation of these Terms.

Limitation of Site Damages: In no event will Maxfac be liable for indirect, incidental, or consequential damages resulting from website usage or scheduling errors.

Financial Cap: Our total liability for billing disputes, transaction errors, or scheduling issues is capped at the amount paid by the user for the specific consultation.

Emergency Exclusion: We disclaim all liability for delays in emergency care resulting from patient reliance on booking portals rather than emergency services.

No Liability for Information Use: We are not liable for actions taken by patients based on informational content on the site.

Force Majeure: We are not liable for booking cancellations or system failures caused by events beyond our control (pandemics, infrastructure failures, government directives).

No Liability for Third-Party Gateways: We disclaim liability for security breaches occurring on third-party payment gateway servers.

Scope of Exclusions: Some jurisdictions do not allow the limitation of liability for certain damages; in such areas, our liability is limited to the maximum extent permitted by law.

Indemnity for Inaccurate Inputs: Users indemnify Maxfac for clinical complications arising from submission of inaccurate medical history in booking forms.

Waiver of Class Action Claims: You agree that any dispute resolution proceedings will be conducted on an individual basis and not as a class action.

Governing Law: These Terms of Service and any dispute arising from them will be governed by the laws of India.

Jurisdiction: Exclusive jurisdiction for disputes not resolved through arbitration is vested in the courts of Kolkata, West Bengal, India.

Arbitration Requirement: Any dispute arising from these Terms will be referred to arbitration in Kolkata, West Bengal, India.

Arbitration Framework: Arbitration will be conducted under the provisions of the Arbitration and Conciliation Act 1996 of India.

Sole Arbitrator: The arbitration panel will consist of a sole arbitrator appointed by mutual agreement of the parties.

Language of Proceedings: The language of arbitration proceedings, documentation, and decisions will be English.

Costs of Arbitration: The cost of arbitration will be shared equally by the parties, unless the arbitrator directs otherwise in the final award.

Injunctive Relief: Nothing in these terms prevents either party from seeking interim injunctive relief from competent courts.

Statute of Limitations: Legal claims related to website use must be filed within one (1) year after the cause of action arises.

Entire Agreement: These Terms of Service constitute the entire agreement between you and Maxfac.in regarding your use of the Website.